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2023 Supreme(P&H) 436

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
G.S. Sandhawalia, Harpreet Kaur Jeewan, JJ.
Court On Its Own Motion – Appellant
Versus
State Of Punjab – Respondent
CWP-20359-2013 (O&M) CWP-23426-2014, CWP-3 & 29699-2017
Decided On : 15-09-2023

Advocates appeared:
Mr.Raj Kumar Gupta, Amicus Curiae in CWP-20359-2013, Mr. Gaurav Mohunta, Amicus Curiae in CWP-3-2017, Mr. R.S. Cheema, Senior Advocate with Mr.A.S.Cheema, Mr.Siddharth Bhukkal, Advocates for the intervener (in CM-5610-CWP-2023), Mr.R.S.Rai, Sr.Advocate with Mr. P.S. Ahluwalia & Mr.Vipul Joshi, Advocates for the applicant-Dinkar Gupta (in CM-7809-CWP-2023), Mr. R. Kartikeya, Advocate Ms.Sidhu Bansal, Ms.Ridhi Bansal, Ms.R.Akanksha, Advocates for Mr. Siddharth Chattopadhyaya, Mr.Anandeshwar Gautam, Advocate, for Mr.Shashi Kant (IPS), Mr. Satya Pal Jain, Additional Solicitor General of India with Mr. Arun Gosain, Senior Government Counsel for UOI, ED, NCB and BSF, Mr. Navkiran Singh, Advocate and Ms. Harpreet Kaur, Advocate for the applicant/intervener (in CM Nos.266, 3365-CWP of 2022), Ms. Aman Rani &Mr.Pritpal Singh Swaich, Advocates for the applicant (in CM-5057-CWP-2023 in CWP-20359-2013), Mr. Gaurav Garg Dhuriwala, Addl.AG, Punjab, Mr. Arun Beniwal, DAG, Haryana, Mr.A.M.Punchhi, Public Prosecutor, U.T. Chandigarh and Mr. Rajiv Vij, Addl. Public Prosecutor, for U.T. Chandigarh and Mr. Rajeev Anand, Advocate for respondent No.9-CBI (in CWP No.20359 of 2013) for the Appearing Parties.

The court emphasizes the need for effective coordination among enforcement agencies to address drug-related issues and hold officials accountable.

Headnote:The judgment addresses serious concerns regarding the drug menace in Punjab, highlighted by a report initiated by a retired IPS officer. The court emphasizes the need for effective coordination among law enforcement agencies and outlines directives aimed at enhancing investigations, establishing a Special Task Force, and implementing educational initiatives to combat drug abuse. The court ultimately decides to keep certain investigation reports sealed, while allowing the State to proceed with separate inquiries into the complicity of involved police officials. The findings also reinforce the necessity for enhanced drug abuse awareness and rehabilitation efforts.

Table of Content
1. initiation of writ petition on drug menace concern. (Para 1 , 2)
2. formation of task force to combat drug peddling. (Para 7 , 8 , 9)
3. ongoing monitoring of sit and drug nexus. (Para 36 , 37 , 38)
4. court emphasizes on need for investigation structure. (Para 45 , 46 , 47)
5. directives for rehabilitation and public awareness on drugs. (Para 60 , 61)

JUDGMENT

G.S. Sandhawalia, J. - The present writ petition was initiated on a letter received from Shri Shashi Kant, Retired IPS Officer highlighting the drug menace in the State of Punjab. Suggestion was made to implead Border Security Force (BSF), Narcotics Control Bureau (NCB), Ministry of Home Affairsand Enforcement Directorate alongwith the State of Punjab and its various departments including Home Department, Police Department, Health Department, Sports Department and Social Welfare Department.

2. Status reports were called for and even Central Bureau of Investigation was impleaded as respondent No.9. The Directorate of Enforcement was also impleaded. Keeping in view the various reports received, the Bench headed by the then Chief Justice had kept in mind the disease of narco-terrorism in its larger perspective and ensure that there is improved coordination between the Central Government and the State Government and various agencies to tackle this menace and the capabilities of Narcotics Control Bureau unit at Chandigarh has to be enhanced.

3. Various status reports have been filed and the Court was apprised that the investigation was not proceeding properly as certain important names were coming into light. It was noticed that though the then Deputy Director, Niranjan Singh, Enforcement Directorate was leading the investigation and at one point of time his transfer was also stayed on 21.01.2015. Various status reports were filed and perused and sealed, which would be clear from the order dated 27.04.2015, 30.04.2015, 06.05.2015 and 24.08.2015.

4. Vide order dated 23.09.2015, it was noticed that there are 12 accused and 11 red comer notices were issued to them. The CBI was directed to explain the steps taken for the extradition of the persons referred and to expedite the process and file the status report. The fact was noticed that the Punjab Police should continue with its efforts to nab the suspects since after registration of the FIRs in the year 2013-2014, the identification of the drug kingpins within or outside the State of Punjab was not being done.

5. On 02.12.2015, it was noticed that vide order dated 08.10.2015 passed in CWP No.88 of 2014 the SIT comprising three senior officers of Punjab Police was constituted, which had to scrutinize the cases wherever extradition request was being made and directions were issued for taking necessaiy action and there were periodical meetings held between the CBI and the SIT of the Punjab Police. The fact that unauthorized illegal medical shops had been opened/set up in Patti Town and directions were issued to the District Drug Controller, Tam-Taran to hold inquiiy and verify whether any licenses have been issued and whether they were granted in accordance to the rules prescribed or illegal establishments were being functioned. Directions were also issued to constitute an expert team comprising a Senior Professor of the PGIMER/Medical Colleges and State Drug Controller etc. to recommend the revised module of curriculum for schools and colleges on the drug menace. Identification of NGOs was directed and constitution of District Level Committees was also directed, apart from the fact that people undergoing treatments in De-addition Centre were to be treated as the best source to identify the source of drug trafficking/supply chain at local levels.

6. Thus, the investigation was carried on for several years and even directions were issued that the initial security which is to provide to the person or to Sh. Shashi Kant as he was apprehending threat to his life and liberty. An effort was made vide order dated 07.09.2016 regar

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